General terms & conditions of sale
Purpose and applicability
The information in these terms and conditions applies to all sales of products and service(s) Danware Systems ApS (also called the seller or Danware) to their customers (also called the buyer). These terms & conditions are written by: The seller VAT: DK43850660 CVR: 43850660 The buyer accepts the applicability of these terms & conditions by placing an order with the seller. The seller explicitly rejects the applicability of general or specific conditions applied by the buyer.Prices and offers
Our prices are always in DKK, EUR, or USD, exclusive of VAT, shipping costs and all types of taxes. Our offer is valid for a period of 3 days. The seller reserve the right to change prices in USD offers due to the volatile DKK-USD exchange rate. If an order is placed without a price being explicitly agreed, the price at the time the order is effected will apply. The seller always reserves the right to refuse orders.
• 2.1. Seller reserves the right to increase prices before delivery is made due to: exchange rate, increase in costs or manufacturing costs, customer request to change delivery date, change in quantity of products ordered, customer delay in responding to instructionsOrders
An order is not binding until the seller has sent an order confirmation. Order and order confirmation must be in writing. All orders to the seller must include but not limited to: quantity of products, agreed product prices, delivery address, customer information, details of the seller, and payment method.Delivery
All our shipping rates are DAP (delivered at place) where ‘place’ will always be defined as the port of entry in the destination country; destination country being specified in the agreement between the buyer and the seller. Delivery times are estimated and therefore the seller is not responsible for any delays during shipment and the customer cannot cancel any order due to late delivery after the courier has collected a shipment. The customer can either choose to pick up their order on their own shipping account and thus bear the risk and expenses or let the seller handle the shipment. The seller at all times reserves the right to deliver an order in partial shipments and to require payment for each shipment. If the buyer refuses to take receipt of the goods, the costs of the return delivery, storage and other necessary costs are at the buyer's expense. The seller will first be held to again offer the goods for delivery after all the costs referred to in the previous sentence, the purchase price and the costs of repeated delivery have been paid in full. The seller is entitled to suspend a (subsequent) delivery for as long as the buyer has failed to approve/accept prior deliveries or has failed to fulfil any obligation to the seller.Payment
Payment terms are either prepayment via bank transfer, credit card or PayPal, or net terms (1, 7, 14 or 30) days subject to credit approval. All invoices must be paid in EUR, USD, or DKK. If in doubt, always check your invoice and you will see which currency the invoice is to be paid in. In the event of prepayment, the seller reserve the right to withhold buyers order until payment has been received in full. In extension of the latter, the seller reserves the right to cancel an order and thereby dissolve any agreements made between the seller and the buyer, if the invoice is overdue and payment hasn’t been received. If any costs have been risen for the seller due to the missing overdue payment(s), the buyer will be held accountable for these costs. The buyer will pay the seller's invoices within the term stated on the invoice. The buyer will make payment without any suspension, discount or set off. Only those payments which have been made in the manner stipulated by the seller are valid. If the seller petitions for the bankruptcy of the buyer, the latter shall owe the judicial and/or extrajudicial costs of the bankruptcy petition in addition to the amount owing.
• 5.1. The seller does not accept cash as a payment method.
• 5.2. All payments made via PayPal must be made in Danish currency, DKK, and will be subject to a 5.5% fee.Refund and return
If you were to cancel and return an order, subject to the seller’s approval, after it has been dispatched from the seller you will receive a partial refund as the seller will charge a 10% restocking fee. This also applies to products that the seller have collected from external warehouses. If the buyer chooses to cancel an order from the seller’s internal warehouse before dispatch, buyer will receive a full refund if the cancellation is approved by the seller. If the product(s) is not returned in the same condition as it was shipped from the seller, seller reserve the right to cancel the return or charge an additional fee in addition to the 10% restocking fee. As a rule, cancellation of an order is not acceptable unless otherwise agreed. Non-returnable items include licenses, websites, software, Cisco products, special price orders, products that our suppliers do not accept returns, and custom configurations. In the case of the seller’s acceptance of the return, the product(s) can be returned to:
Danware Systems ApS
Østre Alle 102
9000, Aalborg, DenmarkWarranty
All the sellers’ products are factory sealed and are therefore covered by the manufacturer's warranty. The seller do not offer own warranty on factory sealed products as they are already covered by the manufacturer's warranty. For products that are not factory sealed, please ask your contact person for warranty information.
• 7.1. The seller is not responsible for errors on Product(s) that occur due to abnormal working conditions or failure to comply with the manufacturer's written instructions.
• 7.2. The seller assumes no responsibility in the event of a warranty if the total invoice amount has not been paid.Disclaimer and limitations of liability
• 8.1. The seller is not responsible for damages or losses due to Force Majeure situations. This includes, inter alia: (8.1.2) acts of God, earthquakes, floods, or other natural disasters. (8.1.3) epidemic or pandemic. (8.1.4) war, terrorist attacks, declining diplomatic relations, armed conflicts, riots. (8.1.5) nuclear or chemical explosions. (8.1.6) strikes or lockouts.
• 8.2. In any case of financial compensation, the seller cannot be held responsible for more than the total invoice value on the customer's invoice.
• 8.3. The seller is not responsible for damages, cyber-attacks, loss of products, income, or data. The seller is also not responsible for damages caused by late delivery, product defects or other reasons.
• 8.4. If a manufacturer of a product or service chooses to block a serial number, refuse, or cancel a license for the product at a later date, The seller will not be held responsible for any costs and reserves the right to refuse any return request on the relevant hardware.
• 8.5. The seller is not responsible for any material sent by the buyer to be used on the website. The buyer must investigate copyright himself and whether the buyer is allowed to use the material for their website.
• 8.6. The seller is not responsible if the customer's website has downtime as a result of errors with the hosting provider.
• 8.7. The buyer acknowledges that the seller is regarded by some manufacturers as a nonofficial distributor, as a result of which it may occur that the end user of the product cannot participate in (extra) discount and promotion schemes, etc., or other programs offered by manufacturers, who may impose the condition that the products have been acquired through sales channels that they have qualified as official. The buyer irrevocably waives any claims against the seller, under any heading whatsoever, in case the buyer is held liable by its customer or the end user of the products or another party.Reservation of title
The seller reserves the right to retain ownership of the product(s) or service(s) specified in the purchase order until the full amount on the buyer’s invoice has been paid.Online marketing
The seller offers to deliver online marketing for buyers, with the aim of potentially increasing sales and brand awareness for the buyer. No guarantee is hereby given for specific results, unless otherwise agreed.Applicable law
The seller and the customer agree that any dispute between the parties must be subject to, interpreted under and enforced in accordance with Danish legislation. In the event of a dispute, the parties are subject to the jurisdiction of the court in Aalborg, regardless of their place of residence.End-user validation
In cases where Danware Systems ApS is required to provide accurate end-user information to our suppliers, we reserve the right to validate the end-user information provided in the purchase order.
Danware Systems ApS may contact the end user specified in the purchase order to validate the end user information and to verify the true recipient of the product(s) specified in the purchase order.